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"type": "speech",
"speaker_name": "Suba South, ODM",
"speaker_title": "Hon. John Mbadi",
"speaker": {
"id": 110,
"legal_name": "John Mbadi Ng'ong'o",
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"content": "Constitution, even amending it through popular initiative or any other initiative, is a way to implement this Constitution. This is because one of the provisions in it is amendment to the Constitution. Moreover, if we successfully amend the Constitution through whichever initiative, then it is a demonstration that this Constitution is working. Therefore, it flies in the face to argue to the contrary. That is why, no matter the action that Parliament may take on a draft Bill of this nature - and I am talking about popular initiative - Article 257(10) contemplates: “If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in 255 (1), the proposed amendment shall be submitted to the people in a referendum.” In a nutshell, if the people of Kenya have decided to amend the Constitution and collect enough signatures to convince IEBC that the minimum threshold has been met, therefore, it is upon the people of Kenya in total, and all of us, to decide whether to carry the amendment or not. Nobody can usurp the sovereign power of the people when they decide to amend their own Constitution. From plain reading of the above provisions, it is clear in my mind that what is required of this House and, indeed, the Senate with respect to amending the Constitution through popular initiative, is the expedited processing of a Bill and, therefore, for the IEBC to submit the same to the people of Kenya in an exercise where they are going to exercise their sovereign power through a referendum. Hon. Speaker, at this point, allow me to echo the sentiments of the Leader of Majority and laud your counsel to the House setting aside the delays that may have arisen should Parliament have opted to republish the BBI Constitution (Amendment) Bill. Moreover, of course, also to avoid unnecessary litigations that would have arisen. You know BBI - much as it is enjoying good number of support and I believe popular support in this country - it also has enough enemies. In addition, we have seen those enemies publicly. Therefore, if we had made any mistake in the processing of this Bill, believe you me, we would have faced many hurdles on the way."
}